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STERLING v. HARTENSTEIN

No. 41,380

185 Kan. 50 (1959)

341 P.2d 90

HAROLD STERLING, Appellant, v. EVERETT EUGENE HARTENSTEIN and FARM BUREAU MUTUAL INSURANCE CO., INC., a Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed June 13, 1959.

Attorney(s) appearing for the Case

C. Vincent Jones, of Clay Center, argued the cause, and Wayne W. Ryan, also of Clay Center, was with him on the brief for appellant.

Richard D. Rogers, of Manhattan, argued the cause, and W.M. Beall, of Clay Center, was with him on the brief for appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action for personal injuries against a defendant motor carrier of property, and his insurance carrier.

The question presented on appeal is whether the trial court erred in sustaining a motion which dismissed the action as to the insurance carrier.

The plaintiff, Harold Sterling (appellant), filed an amended petition, hereafter referred to as the petition, which alleged a cause...

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